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HomeMy WebLinkAboutMinutes Planning Commission - 11/17/2004 V V MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers-City Hall Wednesday—November 17,2004 5:30 P.M. Commissioners: Bryan Stone,Vice Chairman Neill F. Amsler Michael Pusley Fred Braselton Shirley Mims Richard Smith Robert Zamora Commissioners Absent: David Berlanga,Chairman Eloy H. Salazar Staff: B. A. Bailey,AICP,Director of Development Services Michael N.Gunning,AICP,Assistant Director of Development Services Mary Frances Teniente,PE,Assistant Director of Development Services Michelle Long,Recording Secretary Faryce Goode-Macon,City Planner Miguel Saldafia,AICIP,City Planner Robert Payne,AICP,City Planner Joseph Harney,Assistant City Attorney Si usted quiere dirigirse ala comision y su ingles es limitado,habra un interprete de espanol a ingles en la junta pan ayudarle. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:37. APPROVAL OF MINUTES A motion was made by Smith and seconded by Amsler to approve the minutes as submitted. The motion passed with Berlanga and Salazar being absent. PLATS Continued Plats Mr.Miguel Saldafia,City Planner,read the following two plats into the record. Amsler abstained and left the room. SCANNED Planting Commission Minutes November 17,2004 Page 2 020413-P08 (Public Hearing) King's Crossing Unit 1,Phase 3,Block 25,Lots IA& IB&Block 41. Lot 1 AFinal—87.577 Acres) Located in the center of King's Crossing Subdivision and generally comprising the majority of the Country Club golf course. 0704116-P66 (Public Hearing) King's Crossing Unit 19 (Final—21.40 Acres) Located northwest of Cimarron Boulevard south of Lens Drive. Mr. Saldafia stated staff had not received corrected plats. The applicant is here to answer questions. The public hearing was opened. Mr.Murf Hudson,Urban Engineering,asked for an extension for both plats. He stated they were working out property issues on King's Crossing Unit 1,Phase 3,Block 25,Lots IA& 1B&Block 41, Lot 1k On King's Crossing Unit 19 they were working out a transmission line easement with AEP. He requested a six week extension on both plats. Mr. Saldana stated the extension would need to be eight weeks as the December 29,2004 meeting has been cancelled. It will need to wait until the January 12,2004 meeting. A motion was made by Pusley and seconded by Zamora to approve the eight week extension as requested. The motion passed with Salazar and Berlanga being absent. Amsler returned to the room. Mr. Saldafia read the following plats into the record. 0804164-P90 (Public Hearing) Cimarron Estates (Final— 19.482 Acres) Located off Cimarron Boulevard and New Bedford Drive. 0804155-NP74 El Diamante Perdido (Preliminary— 153.51 Acres) Located east of Rodd Field Road between Brook Road(CR 26A)and Slough Road(CR 26). 1004173-NP85 Sunbelt Industrial Park Block 4,Lot 1 (Final—9.25+Acres) Located west of Navigation Boulevard south of Leopard Street. Mr. Saldafia stated all three applicants submitted requests to table their plat for two weeks. The public hearing was opened. No one appeared to be in favor or opposition. The public hearing was closed. 1110 Planning Commission Minutes November 17,2004 Page 3 A motion was made by Braselton and seconded by Amsler to approve the two week extensions as requested. The motion passed by all present. Mims asked what the holdups on these plats are. Mr. Saldana stated Cimarron Estates had issues regarding Dunbarden Oaks Drive,the road to the north of the subdivision,which staff was working on. El Diamante Perdido had some things left out and need to be corrected,and he was not sure why Sunbelt Industrial Park,Block 4,Lot 1 needed an extension. Mims stated staff used to list why an applicant asked for an extension and what the issues were, which was helpful to the Commission. Ms. Barbara Bailey,Director of Development Services, stated we will reinstitute that if there are any outstanding issues we will list them A motion was made by Pusley and seconded by Amsler to approve the two week extensions as requested. The motion passed with Salazar and Berlanga being absent. Mr. Saldana read the following plats into the record. 1104177-NP89 Country Estates Unit 4A (Preliminary—8.82 Acres) Located along Emory Drive and Rushing Boulevard,both south of Hearne Road. Variance Action The public hearing was opened. Mr.Victor Medina,2460 Burket Hollow,representative of the applicant,stated the property was platted in 1965 and was done with no curbs, gutters,or sidewalks. Ditches were used for drainage. The owner wants to continue using ditches as is used on the adjacent property. To develop with sidewalks, curbs,and gutters would not work due to the low value of the lots in this area. Drainage wise it is to costly and would not be cost effective to the developer. Mr.Joe Eskew,4011 Bob White,handed out information regarding tax comparisons and development estimates. He stated he usually likes to respect the ordinances. This drainage system has been in for years and he wants to leave it as it is so he can compete with subdivisions in the area. He stated that without the variance,the project could not be substantiated financially or economically. He has appraisals of all properties in the area that he can pass out that shows what his competition is. Pusley asked what the average square footage is on these lots. Mr.Medina stated about 8500 square feet. The public hearing was closed. Amsler stated the Commission has dealt with this type of situation one way or another for along time. He has sympathy and empathy for the situation Mr. Eskew is in but it doesn't change the fact that you can come to the City and address an issue based on pure economics and make an argument. Every time the City would grant a variance of this type,at some point the City is going to get this and have to spend money out of everyone's tax dollars. The revenue Mr.Eskew talked of is no where near what it will cost the City down the road. He stated he is against the variance. Planning Commission Minutes November 17,2004 Page 4 Braselton asked if the property has sewer and water. Mr. Saldafia stated it did. Braselton stated a developed piece of property would be a better use of land than staying undeveloped. There is development around it. It would be a good move to grant the variance. Pusley asked if this area has had significant flooding problems. Mrs.Mary Frances Teniente stated that the elevations are pretty high and she was not aware of any flooding issues. Ms.Bailey stated in order to pass the variance; six out of seven votes will be required. Zamora asked where the property is that has the same infrastructure. Mr. Saldafia stated it is adjacent to the subject property. When it was platted the property was part of the county and what is now in the City's ordinance was not required back then. Now that this property has been annexed the ordinance must be complied with for new development. The public hearing was closed. A motion was made by Braselton and seconded by Smith to grant the variance. Ms. Bailey stated the Commission has to base this decision on findings of extraordinary hardship. Mr.Joseph Harney,Assistant City Attorney, stated the Commission had to come up with something to justify a hardship. Vice Chairman Stone stated they had a motion and a second based on compatibility with the surrounding neighborhoods. Vice Chairman Stone asked that a roll call vote be taken. Two Commissioners,Braselton and Smith,voted in favor of the variance. Five Commissioners, Stone,Amsler,Pusley,Mims,and Zamora,voted against the variance. The motion did not pass and the variance was not granted. Plat Action Mr. Saldafia stated if the plat is approved,the owner will have to comply with the requirements of the current ordinance. It is up to the Commission to either reopen the public hearing to discuss the plat. Vice Chairman Stone asked if the plat is not in compliance since it does not have curbs,gutters, and sidewalks. Ms.Bailey stated that was correct. Stone asked why we are entertaining this if we did not get past the variance part. Ms.Bailey stated the Commission would have to take affirmative action on the plat which would be to deny the plat. If the Commission takes no action,the plat is approved by default. Ms.Bailey stated this is a non public hearing plat. A motion was made by Amsler and seconded by Zamora to deny the plat. The motion passed with Salazar and Berlanga being absent. fro Planning Commission Minutes November 17,2004 Page 5 Mr. Saldana read the following plats into the record. 110478-NP90 Padre Island—Corpus Christi Ports O'Call,Block 18,Lot I2R (Final—0.517 Acre) Located east of Salt Cay Court,north of Ports O'Call Drive, and south of Whitecap Boulevard. 1104179-NP91 Industrial Technology Park Future Units (Preliminary—64.951 Acres) Located north of Old Brownsville Road(FM 665)and west of South Padre Island Drive(SH 357). The public hearing was opened. No one appeared to be in favor or opposition. The public hearing was closed. Motion was made by Pusley and seconded by Amsler to approve the plats as submitted. The motion passed by all present. New Plats Mr. Saidana read the following plats into the record. 1104180-P93 (Public Hearing) Edgewater Terrace.Block 11,Lot 6A (Final—0.295 Acre) Located north of Idylwood Avenue between Country Club Drive and Ebonwood Drive. 1104183-NP94 Bridgepointe Landing,Block 1.Lots 3&4 (Final—5.193 Acres) Located south of South Padre Island Drive(SH 358)and east of Lexington Road. 1104186-NP95 Huntington Park Unit 2,Block 1,Lots 10, 11 & 12 (Preliminary—33.32 Acres) Located south of Saratoga Boulevard(SH 357)and west of South Staples Street (FM 2444). 1104187-NP96 Padre Island No. 1,Block 32,Lot 6C (Final—2.008 Acres) Located north of Encantada Avenue and east of Almeria Avenue. 1104190-NP97 Saratoga Center,Block 1, Lots 11, 12,& 13 (Final—21.735 Acres) Located south of Saratoga Boulevard(SH 357)and east of South Staples Street(FM 2444). Mr. Saldafia stated Lots 14, 15,and 16 are included with Saratoga Center,Block 1,Lots 11, 12, & 13. The public hearing was opened. No one appeared to be in favor or opposition. The public hearing was closed. 400 Q Planning Commission Minutes November 17,2004 Page 6 Motion was made by Mims and seconded by Zamora to approve the plats as submitted, including Lots 14, 15,and 16 with Saratoga Center,Block 1,Lots 11, 12,& 13. The motion passed by all present. ZONING New Zoning C1104-06 -City of Corpus Christi-Development Services Request: Change of zoning from the "Current Zoning"to"I0"Padre Island Overlay District, effectuating the approved standards of the district on properties within the map boundary area. Excerpts from Zoning Report Purpose of Request:Designate properties within the map boundary area with the "10"Island Overlay District Location:Located on Padre Island, generally along areas bounded by South Padre Island Drive (Park Road 22) and a portion of the adjoining properties along State Highway 361. Map Numbers:2728, 2824, 2825, 2826, 2827, 2828, 2923, 2925, 2927, 3023, 3024, 3025, 3027 and 3028 Area Development Plan:Mustang-Padre Island Area Development Plan—The plan recommends establishing higher development standards. The proposed "10"Island Overlay District accomplishes the Plan objectives. Staff's Recommendation: Approval of the Island Overlay District within the boundary map area. Ms. Bailey gave a brief history of the Island Overlay District since everyone has had three years get accustomed with it. She stated both the Planning Commission and City Council approved the Island Overlay District,which was a collaborative effort between the Islanders,the business community and staff to create a set of regulations that would enhance development standards on the Island. There was a lot of discussion about where vinyl would and would not be allowed. The areas that excluded vinyl which passed by the Planning Commission was expanded by City Council. Staff initially published a map which showed the vinyl exclusion from Park Road 22 and some other minor areas deemed to be Lake Padre. Staff had further clarification from City Council that they intended it to expand further. The map is being adjusted to the larger area. Ms. Bailey this zoning changes covered 1,800 acres and will attach to the original zoning of each property. There were 2,363 notices mailed within the boundary and 513 within a 200 foot radius. Of these, less than one percent was returned in opposition. Mims asked if the map in the packet was the map Council knew they were voting on. Ms. Bailey stated staff clarified with Council the area the Overlay District covered and this is the boundary we are presenting to Council. Mims asked if Council understood the boundary when they voted on it. Ms. Bailey stated the intent of the motion was clarified. Stone clarified the Commissioners are voting on the zoning change. Zamora asked if the restriction on vinyl is in the entire district. Ms. Bailey clarified it was not allowed along the Park Road 22 corridor's A Lots and the area known Lake Padre. oho rid • Planning Commission Minutes November 17,2004 Page 7 The public hearing was opened. KyleGarrison— 14241 Natal Plum,representative of Paul Schexnailder, thanked Commissioner Smith for his leadership, guidance, and commitment to see this project through. Mr. Schexnailder and Asset Development encouraged the Commission to vote for this ordinance change. This is what Padre Island needs to continue to grow and prosper in the future. Mr. Robert Sells,3225 Nassau Drive, asked if the"R-1B"Lots would be subjected like "A-T"Lots. Ms. Bailey stated this is not intended to affect single family other than for new subdivisions. The public hearing was closed. Motion was made by Smith and seconded by Amsler to approve the zoning change as requested. The motion passed by all present. Pusley stated he appreciated all of staffs hard work on this project and thanked Mr. Smith for his valued representation for this Planning Commission. Smith stated we would not be here today if not for Mr. Gunning and Ms. Bailey. They made enormous contributions to keep this project on tract. DIRECTOR'S REPORT FUTURE SCHEDULED MEETINGS Mr. Gunning stated there was no new information other than he had received a request from Neighborhood Services regarding a block grant hearing and a special meeting on March 16, 2004. This will be included in the future scheduled meetings. EXCUSED ABSENCES OTHER MA1 1 ERS Ms. Bailey wished everyone a happy and safe Thanksgiving. ADJOURNMENT A motion was made by Mims and seconded by Salazar to adjourn at 6:25. The motion passed by all present. Michael N.Gunning,AICP Michelle Long Assistant Director of Development Services Recording Secretary x SPIN-DIR'SHARED WORD PLANNING COMMISSION MMOTPS2004U 10404 DOC